Pc Carwyn Morris, who cautioned Montgomerie in his Mercedes CL600, was giving evidence in a more serious case and the golfer's lawyer, Nick Freeman, argued successfully that the prosecution had failed to prove that his client was driving.

Pc Simon Day, who was patrolling with Pc Morris, had earlier told the court that the Mercedes had sped by early on Jan 6.

He estimated the speed at 95 mph and a laser check showed the car had been doing 96. Montgomerie had been travelling home to Oxshott where he lived with his wife Eimear, from whom he is now divorced.

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Mr Freeman, who has successfully defended the Manchester United manager Sir Alex Ferguson, and the footballers David Beckham and Dwight Yorke on similar charges, said: "Mr Montgomerie has just returned, as I am sure you are aware, from America. He is extremely tired but very relieved to put this matter behind him."

Jane Pierson, the presiding magistrate, said: "The case is dismissed. Mr Montgomerie you are free to go." He was awarded costs.

Surrey Police said afterwards that the Crown Prosecution Service had claimed that the case could proceed without Pc Morris being there.